[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
On Sun, Aug 16, 2009 at 3:57 AM, Nicole Simonnee...@gmail.com wrote: It is going to be interesting if they try to go after twit - as far as I know this is a trademark which belongs to leo laporte and the trademark department only has so many classes available. not exactly knowing the US system but I do assume 'that computery or internet one' is already taken by twit / leo laport. No, the Twit trademark doesn't cover most of the Twitter-related use of it[1]. Although some uses (such as TwitVid) may be considered trademark infringement under the Twit trademark. [1] http://tess2.uspto.gov/bin/showfield?f=docstate=4002:5a6vq8.2.1 -- Matt Freedman http://mattfreedman.ca/
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
The scariest part about all of this, frankly, is less the trademark stuff, and more the fact that he is being punished for violating Twitter's terms and services. As near as I can tell, his app just follows users who tweet certain keywords. It doesn't even UNFOLLOW them (thus potentially churning), it just follows people. Since there are API calls for those actions, many of us have built rich apps around follow. Indeed, Twitter DOES support mass following... if not, why would batch following be in their roadmap (http://apiwiki.twitter.com/V2-Roadmap#Following )... To now see another app taken down because of supposed API violations around mass following is very scary. And what's even MORE scary is the selectivity of it. Why was this little guy taken down? What about, say, the popular downloadable XYZ app which apparently does what tweetbutler does and then some? Do they have some more formal relationship with Twitter? Or do their other apps somehow inculcate them against violating TS? It's a minefield out there, and that's VERY VERY scary. Who knows if the API calls you make today might violate terms and services tomorrow? Perhaps you can count your lucky stars if you have casual email correspondence with a Twitter engineer... maybe that's what's needed to fend off trouble? And too bad for those guys over in England, like this guy, who perhaps didn't have such a relationship!
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
I have come across apps that have taken site down. TwitAds.com for example. Maybe down for other reasons, but probably not. Under construction Good luck Dean. On Fri, Aug 14, 2009 at 1:25 PM, Dean Collins d...@cognation.net wrote: I’m only sending this to the Twitter-Dev list and not distributing the information to a wider audience but I think the Twitter 3rd party dev community should be aware of a development. Karen Webb the lawyer for Twitter inc has clearly stated that I will NOT be able to change my applications name from www.MyTwitterButler.comhttp://www.mytwitterbutler.com/to www.MyTweetButler.com http://www.mytweetbutler.com/ and contrary to Biz Stones blog post of July 1st 2009 http://blog.twitter.com/2009/07/may-tweets-be-with-you.html#links Twitters lawyers will be pursuing domain names and applications with both the word “Twitter” and with the word “Tweet” in their domain. The conference call basically fell apart when I realized that the lawyer thought my application did something magical to the API and allowed a twitter account (eg @Tweet_Tools) to follow more people in a day than the API was programmed to allow. Likewise the application could send no more direct messages per day than the AP allows. - I don’t have an answer about the longer term outcome. I was hoping this was going to be solved with a few 15 minute phone calls BUT it doesn’t appear that this is going to be possible. I’ve asked for the dialog to move to email rather than voice and also made Twitter Inc aware I’m going to be overseas from next week until the 7th of September so I don’t expect to make an update until after this date. I appreciate not everyone in the twitter-development community thinks my application should be allowed all I’m asking for is a clear definition of the rules – if you don’t want us to use Tweet or the API in a certain way then don’t write blog posts that say it’s ok (or give code demos at dev-nest meetup events for things you now say the API isn’t to be used for). Either way I think the dev community needs to know that….changing your apps name to TweetX etc (even if the term Tweet was coined by the user community) isn’t going to be allowed by Twitter. That’s until after the 7th of Sept. Regards, Dean Collins d...@mytwitterbutler.comd...@mytwitterbutler.com?subject=i'm%20being%20Sued +1-212-203-4357 New York +61-2-9016-5642 (Sydney in-dial). +44-20-3129-6001 (London in-dial). -- Dale Merritt Fol.la MeDia, LLC
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
Well this goes to show you Biz Stone is no longer running the show at Twitter. Seems the investors / board have taken control and are unleashing the pack of lawyers. I hate to see twitter using such evil tactics. Sure you guys coined the term twitter but the user base came up with tweet. I think its lame that now you feel you can put your name on that and own it. I was upset when I heard twitter was getting sued over patent infringement, but now I'm starting to think they might need a taste of their own medicine. I have no plans to use either twitter or tweet or twit in my products, but I still feel sorry for the developers who are getting pushed around just because twitter has the jitters that we might mess up their good name. Well guess what twitter, you are doing that just fine yourself. I don't blame the lawyers, its their nature and their job. But twitter has a choice to do no evil in this matter. I really hope they can come up with a reasonable solution that can work for all parties.
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
Well, I am now so sh*t scared to use the words twr and tw**t anywhere, I'm just going to write them as twr and tw**t from now on. Can you have *'s in your domain name? Dewald PS. Why and/or how can something be enforced that has not been granted yet? Or, am I missing something here.
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
Unless something drastic changes in their approach, I think we as a developer community should all rise and give them a standing ovation for a brilliant performance in pissing people off.
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
Just be creative . Here are some domain ideas: 1- SendR , SndeR, 2-MessgMe, Msg.Me, 3-Tmesg.in tmsg.in 4-sportstlk, sportsmesg.in 5-SendIt4.me DoIt4.Me 6-TxtButler, TsmgButlr 7-ThreadedMsg 8-ConTEXTual -E Gpro.ws
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
I'm afraid I'm not willing to accept Dean's characterization of events since he's been lying from the get go (e.g. claiming Twitter's suing me when nothing of the kind was happening). I give no credibility to those who practice deception in order to win people to their cause. On Aug 14, 7:31 pm, Dewald Pretorius dpr...@gmail.com wrote: Unless something drastic changes in their approach, I think we as a developer community should all rise and give them a standing ovation for a brilliant performance in pissing people off.
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
Duane, I do not think it is necessary to get personal here. I took Twr is suing me as an expression of panic, nothing more. Dewald On Aug 14, 8:44 pm, Duane Roelands duane.roela...@gmail.com wrote: I'm afraid I'm not willing to accept Dean's characterization of events since he's been lying from the get go (e.g. claiming Twitter's suing me when nothing of the kind was happening). I give no credibility to those who practice deception in order to win people to their cause.
[twitter-dev] Re: MyTwitterButler.com Legal issues Update 2
This is all rather scary, especially for those of us dedicating significant resources to Twitter-related development. I was having a new logo designed... it was going to be in light blue. I guess I will have to reconsider that option now!